ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00045195
Parties:
| Complainant | Respondent |
Parties | Imelda McCarron | St. Johnston Retailers Ltd. |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Aisling Dunne SIPTU |
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Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00055921-001 | 04/04/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00055921-002 | 04/04/2023 |
Date of Adjudication Hearing: 04/12/2023
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Respondent was a grocery and newsagent business. It ceased trading on 6.10.2022 on which date all employment by the Respondent ceased.
The Complaint is a claim for a redundancy payment and minimum notice payment.
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Summary of Complainant’s Case:
The Complainant gave evidence under oath:
Redundancy CA 00055921-001 The Complainant started working for the Respondent on 1 May 2010 Her employment ended when the Respondent ceased trading on 6 October 2022. She received no redundancy payment. The Respondent has not engaged with the Complainant or her representative. The Complainant seeks that she be paid her statutory redundancy entitlement based on her service and a gross weekly salary of €147.00 Her PRSI contributions were always paid during her employment.
Minimum Notice: CA 00055921-002 The Complainant worked for the Respondent in excess of 12 years. She was not paid minimum notice when her employment ended. She seeks an award of €882 (6 weeks) based on a gross weekly salary of €147. 00.
The Complainant relies on a letter dated 10 October 2022 that was issued by the Respondent’s accountant, David Donaghy and Co. Ltd, which confirmed that the Respondent ceased trading and the Complainant’s employment ended on 6 October 2022. |
Summary of Respondent’s Case:
No appearance |
Findings and Conclusions:
Redundancy CA 00055921-001 Based on the uncontested evidence of the Complainant, which was given under oath, I am satisfied that a redundancy situation arose when the Respondent ceased trading on 6 October 2022 and that as of the date of the Adjudication hearing that she had not been paid a redundancy payment. I find that the Complainant is entitled to a redundancy payment based on having had insurable employment (under the Social Welfare Acts) for the duration of her employment and based on the following facts: Commencement date: 1 May 2010 End of Employment: 6 October 2022 Gross weekly pay: € 147.00
Minimum Notice CA 00055921-002 Based on the uncontested evidence of the Complainant, which was given under oath, I am satisfied that the Complainant was not given notice that her employment would end on 6 October 2022. I am satisfied that she is entitled to be paid minimum notice based on the following information: Commencement date: 1 May 2010 End of Employment: 6 October 2022 Minimum Notice Entitlement based on service: 6 weeks Gross weekly pay: € 147 I find this complaint to be well founded and I award the Complainant €882.00 |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
Redundancy CA 00055921-001 This complaint is well founded. I find that the Complainant is entitled to a redundancy payment based on having had insurable employment (under the Social Welfare Acts) for the duration of her employment and based on the following facts: Commencement date: 1 May 2010 End of Employment: 6 October 2022 Gross weekly pay: € 147
Minimum Notice CA 00055921-002 This complaint is well founded. I award the Complainant €882 |
Dated: 6th December 2023
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
Redundancy - Minimum Notice |